| 词条 | Werckmeister v. American Tobacco Co. |
| 释义 |
|Litigants=Werckmeister v. American Tobacco Co. |ArgueDate= |ArgueYear= |DecideDate=December 16 |DecideYear=1907 |FullName=Werckmeister v. American Tobacco Co. |USVol=207 |USPage=375 |ParallelCitations= |Prior= |Subsequent= |Holding=A copyright holder is limited to one action to collect infringing copies and statutory damages because the act's remedies are penal and must be observed without construction. The United States is not required to be a party to copyright infringement litigation. |Majority=Day |JoinMajority=a unanimous court |LawsApplied=Copyright Act of 1870, amendment in 1895 }}Werckmeister v. American Tobacco Co., 207 U.S. 375 (1907), was a United States Supreme Court case in which the Court held a copyright holder is limited to one action to collect infringing copies and statutory damages because the act's remedies are penal and must be observed without construction. Additionally, The United States is not required to be a party to copyright infringement litigation.[1] The Copyright Act of 1870 does not specify what sort of action a litigant must bring to remedy copyright infringement. Werckmeister won an infringement claim against American Tobacco Company and United States Marshalls collected the infringing copies from the Company. Werckmeister took American Tobacco Company back to court to get the monetary damages enumerated by the Copyright Act. In the United States, a successful penal (criminal) suit may collect property and money as restitution. Because the Court determined that the infringement damages were penal, Werckmeister had the opportunity to collect the property, as they did, and the money. They were thus limited to only one action to collect both property and money, because the statute only provided for one action.[1] References1. ^1 {{ussc|name=Werckmeister v. American Tobacco Co.|volume=207|page=375|year=1907}} External links
| case = Werckmeister v. American Tobacco Co., 207 U.S. 375 (1907) | cornell = https://www.law.cornell.edu/supremecourt/text/207/375 | findlaw = https://caselaw.findlaw.com/us-supreme-court/207/375.html | justia = https://supreme.justia.com/cases/federal/us/207/375/case.html{{SCOTUS-stub}} 4 : 1907 in United States case law|United States copyright case law|United States Supreme Court cases|United States Supreme Court cases of the Fuller Court |
| 随便看 |
|
开放百科全书收录14589846条英语、德语、日语等多语种百科知识，基本涵盖了大多数领域的百科知识，是一部内容自由、开放的电子版国际百科全书。